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Updated: 2005-11-29

Sec. 540.575 Fish - Fresh and Frozen - Adulteration Involving Decomposition (CPG 7108.05)

REGULATORY ACTION GUIDANCE:

The following represents criteria for direct reference seizure to the Division of Compliance Management and Operations (HFC-210) and for direct issuance of a section 305 notice by District Offices:

If in any code, or in the lot if no code is present, decomposed fish or fillets are found in two or more shipping cases and examination shows any of the following:

  1. 5% or more of the fish or fillets in the sample (but not less than 5) show class 3 decomposition over at least 25% of their areas;
    or
  2. 20% or more of the fish or fillets in the sample (but not less than 5) show class 2 decomposition over at least 25% of their areas;
    or
  3. The percentage of fish or fillets showing class 2 decomposition as above, plus 4 times the percentage of those showing class 3 decomposition as above, equals at least 20 and there are at least 5 decomposed fish or fillets in the sample.

NOTE: This guide applies only to fish or fillets averaging 3 pounds or less.

REMARKS:

If there is reason to believe that the lot of fish was packed under the supervision of or certified by the National Marine Fisheries Service, U.S. Department of Commerce, submit by *e-mail* or FAX the following information to CFSAN/Office of *Compliance*/Division of Enforcement (HFS-605) and await reply before proceeding:

Sample Number Date of Shipment
Article Involved Dealer
Amount of Lot Shipper
Codes Analytical Conclusions


SPECIMEN CHARGES:

The article was adulterated when introduced into and while in interstate commerce and is adulterated while held for sale after shipment in interstate commerce within the meaning of 21 U.S.C. 342(a)(3), in that it consists wholly or in part of a decomposed substance by reason of the presence therein of decomposed fish.

NOTE: If the evidence establishes that the article became adulterated after receipt in interstate commerce, or if the evidence does not establish when the article became adulterated and the violation is such that it could have occurred anywhere, then charge only that the article "is adulterated while held for sale after shipment in interstate commerce."

*Material between asterisks is new or revised.*

Issued: 10/1/80
Revised: 10/30/89, 3/95, 5/2005